Cinema advertising company seeking reconciliation of $113K in outstanding payments

By Nicholas Malfitano | Feb 20, 2018

PITTSBURGH – A cinema advertising company has launched legal action against a local advertising agency, claiming the agency owes it outstanding payments in excess of $113,000.

PITTSBURGH – A cinema advertising company has launched legal action against a local advertising agency, claiming the agency owes it outstanding payments in excess of $113,000.

National Cinemedia, LLC, of Denver, Colo. filed suit in the Allegheny County Court of Common Pleas on Feb. 13 versus Daryl Milliner (doing business as “Digital Traffic, LLC”), of Braddock.

According to the litigation, Milliner entered into 11 separate written regional insertion order agreements with National Cinemedia. At Milliner’s request, National Cinemedia rendered to him certain advertising services at given, just and reasonable prices, the suit says.

However, the suit states Milliner did not compensate National Cinemedia fully for these advertising services, leaving a principal amount of $86,476.38 unpaid – in addition to interest at a rate of 12 percent per year, or $9,239.94, and reasonable attorney’s fees of $17,295.27, for a grand total of $113,011.59.

Alternatively, the plaintiff alleges unjust enrichment and the presence of an implied contract between the parties, the defendant is obligated to pay the plaintiff the quantum meruit value of the services described, in the amount of $86,476.38.

For breach of contract, the plaintiff is seeking damages of $113,011.59, plus continually-accruing interest at a rate of 12 percent per year from Feb. 12, costs of suit and all other relief to which plaintiff may be entitled. In the alternative, for unjust enrichment, the plaintiff is seeking damages of $86,476.38, plus continually-accruing interest at a rate of six percent per year from Feb. 12, costs of suit and all other relief to which plaintiff may be entitled.

The plaintiff is represented by Michael R. Lessa of Amato Keating & Lessa, in Bethlehem.

Allegheny County Court of Common Pleas case GD-18-002143

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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